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In California, if your assets are valued at $150,000 or more and they are not directed to beneficiaries through either a trust plan, beneficiary designation, or a surviving spouse, those assets are required to go through the probate process upon your incapacity or death.
California law provides that a probate is not necessary if the total value at the time of death of the assets, which are subject to probate, does not exceed the sum of $166,250.00 There is a simplified procedure for the transfer of these assets. The $166,250 figure does not include vehicles and certain other assets.
Assets Subject to the California Probate Court Probate assets include any personal property or real estate that the decedent owned in their name before passing. Nearly any type of asset can be a probate asset, including a home, car, vacation residence, boat, art, furniture, or household goods.
Without opening probate, any assets titled in the decedents name, including real estate and vehicles, will remain in the decedents name for an indefinite period of time. This prevents you from selling them to pay off debts, distributing them to the beneficiaries, or keeping registration current.
For more information read California Probate Code Section 17200. The law says the trustee or any interested person can file a petition if: The trustee has or holds title to real or personal property, and another person makes a claim against all or some part of that property.
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Assets Subject to the California Probate Court Probate assets include any personal property or real estate that the decedent owned in their name before passing. Nearly any type of asset can be a probate asset, including a home, car, vacation residence, boat, art, furniture, or household goods.
For savings accounts, checking accounts and CDs, the state of California allows payable-on-death designations whereby you control the money until you die, then your payable-on-death beneficiary inherits whatever is in the account with no probate required.
The California Probate Code governs what happens to the property of a person after they die or become incapacitated.
In California, any form of property that is not individually owned by the deceased is considered a non-probate property by operation of California probate law. These assets are common. They can be anything from cars, belongings, life insurance policies, real property, and transfers on death accounts.
For decedents who died prior to April 1, 2022 the California Probate Code provides that probate estates of $166,250 or less do not need to be probated. Deaths on or after April 1, 2022 the threshold amount is $184,500. If the estate consists of assets in excess of the prescribed amount a probate is necessary.

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